The Morrison government has rejected class action claims that it owes a duty of care to Torres Strait Islanders to protect them against the negative effects of climate change, claiming the alleged duty cannot apply to high level government policy.
An upcoming three-month trial in a class action against agrochemical giant Monsanto has been vacated after the applicant’s key expert withdrew from the case.
The lead applicant in a superannuation class action against two IOOF units has successfully appealed a decision that barred the case from proceeding under a carveout in Victoria’s Supreme Court Act forbidding class actions involving trust property.
Group members in a class action over Bayer’s Essure contraceptives had “a ticking time bomb” in their bodies after being implanted with the devices, and all were at risk of developing injuries, a court has heard.
A judge overseeing a climate change class action against the government will be invited to visit the Torres Strait to see the alleged erosion of sacred sites, but before then the Commonwealth is seeking details on when it allegedly knew of the effects of global warming and the scope of its alleged duty of care.
A class action on behalf of people who claim they developed non-Hodgkin lymphoma after using Monsanto’s Roundup weed killer will argue the agrochemical giant should be hit with exemplary damages for its negligence in selling the herbicide, which the company allegedly knew caused cancer.
A judge has appointed seven sample group members in a class action by taxi and hire car drivers against Uber, saying they would provide additional information about the regulatory environment in different states and bring focus to the trial.
A judge overstepped in throwing out a class action against two National Australia Bank units over alleged MySuper mismanagement because of a carveout in the Victorian Supreme Court Act which bars class actions involving trust property, an appeals court has heard.
A ruling this week that rejected the first application for a group costs order in a class action because the applicants were better off with their existing no win, no fee arrangement was the right decision given the limits of the legislation, experts say.
Saying the interests of class action members “must be given primacy”, a judge has rejected the first bid for a group costs order in a class action since contingency fee legislation passed in Victoria.